1. ACCEPTANCE OF TERMS
FindBuyers.com (“we,” “us,” “our”) provides its service to you subject to the following
Terms of Service (“TOS”). We may update this TOS by posting a new version at http://www.findbuyers.com/web/tos.aspx, and your continued use of the service
after any such update constitutes your binding acceptance of such changes.
2. DESCRIPTION OF SERVICE
FindBuyers.com offers information and services for real estate buyers, sellers,
and agents, including but not limited to listing information about homes and properties,
and information about potential buyers (collectively, the “Website”). Unless explicitly
stated otherwise, any new features that augment or enhance the current Website shall
be subject to this TOS.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Website, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. By registering
as a buyer, seller, or agent on the Website, you agree to provide accurate, current
and complete information about yourself as prompted (such information being the
“Registration Data”) and maintain and promptly update the Registration Data to keep
it accurate, current and complete. If you are a real estate professional, you agree
that you must register as an “Agent” and not represent yourself as a buyer or seller.
If you provide any information that is inaccurate, not current or incomplete, or
FindBuyers.com has reasonable grounds to suspect that such information is inaccurate,
not current or incomplete, FindBuyers.com may deny you access to areas requiring
registration, at its sole discretion.
4. PRIVACY POLICY
Your Registration Data, as well as information that you may provide at other times
during your use of the Website, is subject to our Privacy Policy (available HERE http://www.findbuyers.com/Web/privacypolicy.aspx), which is incorporated by reference into these Terms.
5. ACCOUNT PASSWORD AND SECURITY
The Website contains some features that require registration (“Restricted Areas”).
At the time of registration for online account access, you will select a Username
and Password to be used in conjunction with your account. You are responsible for
maintaining the confidentiality of your Password, and are fully responsible for
all uses of your Password, whether by you or others. You agree to (a) keep your
Password confidential and not share them with anyone else;
(b) immediately notify FindBuyers.com of any unauthorized use of your Password or
account or any other breach of security; and
(c) use only your Password to access the Website’s Restricted Areas.
FindBuyers.com cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section.
You acknowledge and agree that FindBuyers.com is authorized to act on instructions
received through use of your Password, and that FindBuyers.com may, but is not obligated
to, deny access or block any transaction made through use of your Password without
prior notice if we believe your Password is being used by someone other than you,
or for any other reason. As a result of your registration for the Website, you may
receive certain commercial communications from FindBuyers.com related to content
found on the Website. You understand and agree that these communications are part
of your registration, and that you may opt out of receiving these communications
at any time by sending an email to opt_out@findbuyers.com.
You acknowledge, consent and agree that FindBuyers.com may access, preserve and
disclose your account information and content if required to do so by law or in
a good faith belief that such access, preservation, or disclosure is reasonably
necessary:
(i) to comply with legal process;
(ii) to enforce the TOS;
(iii) to respond to claims that any content violates the rights of third parties;
(iv) ) to respond to your requests for customer services; or
(v) to protect the rights, property, or personal safety of FindBuyers.com, its users
and the public.
6.NON-COMMERCIAL USE
By registering for the Website as a buyer or seller, you acknowledge and agree that
the Website is for personal use only. You may use the Website only to facilitate
transactions on your behalf. You may copy information from the Website for personal
use, such as to view, print, or email the information, but you warrant that you
will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell,
modify, distribute, decompile, disassemble, or reverse engineer any portion of the
Website.
Real estate professionals must register as “agents” on the Website. Only agents
may provide information obtained through the Website to third-parties, or take action
on behalf of a third-party, such as by posting a listing or contacting a seller.
7.USER CONDUCT
By using the Website, it is your responsibility to know, understand and abide by
our rules of use. These rules are not meant to be exhaustive, and FindBuyers.com
reserves the right to determine what types of conduct it considers to be inappropriate
use of the Website and to take such measures as it sees fit. FindBuyers.com reserves
the right to add to or amend this list of rules at any time.
You agree that you will not use the Website to:
i. post, email, transmit, upload, or otherwise make available content that harasses,
abuses, or threatens other users, that contains profanity, or obscene or otherwise
objectionable content, or that degrades others on the basis of gender, race, class,
ethnicity, national origin, religion, sexual preference, disability or other classification.
ii. stalk or otherwise harass another.
iii. post, email, transmit, upload, or otherwise make available content that contains
any other party’s intellectual property unless you have the right to do so.
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin
of any content transmitted through the Website.
v. impersonate any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity.
vi. post spam or other advertisements or solicitations, solicit funds, promote commercial
entities, or otherwise engage in commercial activity except as explicitly allowed
herein.
vii. post, email, transmit, upload, or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
or functioning to interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment.
viii. interfere with or disrupt the Website or servers or networks connected to
the Website, or disobey any requirements, procedures, policies or regulations of
networks connected to the Website.
ix. intentionally or unintentionally violate any applicable local, state, national
or international law.
x. violate, in any way, the Fair Housing Act, or other state or local laws prohibiting
discrimination in housing, such as by stating, in any notice or ad for the sale
or rental of any property, a discriminatory preference on the basis of race, color,
national origin, religion, sex, family status, or handicap.
Violation of our rules may result in the removal of your content from the Website
and/or the canceling of your account.
You understand that all materials submitted by users (“User Materials”), whether
privately transmitted or made publicly available, are the sole responsibility of
the person from which such User Materials originated. This means that you, not FindBuyers.com,
are entirely responsible for all User Materials that you upload, post, share, email,
transmit, or otherwise make available via the Website. Under no circumstances will
FindBuyers.com be liable in any way for any User Materials uploaded, posted, shared,
emailed, transmitted or otherwise made available via the Website.
You acknowledge that FindBuyers.com may or may not pre-screen User Materials, but
that FindBuyers.com and its designees have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, permanently delete, and/or move any
User Materials that are available via the Website. Without limiting the foregoing,
FindBuyers.com and its designees shall have the right to remove any User Materials
that violate the TOS or are otherwise objectionable in FindBuyers.com’s sole discretion.
You understand that by using the Website, you may be exposed to User Materials that
you may consider to be offensive or objectionable. You agree that you must evaluate,
and bear all risks associated with, the use or disclosure of any User Materials.
You further acknowledge and agree that you will not rely on any content available
on or through the Website.
With respect to User Materials you submit or make available on the Website, you
grant FindBuyers.com an irrevocable, fully sub-licensable, perpetual, world-wide,
royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such User Materials (in
whole or in part) and to incorporate such User Materials into other works in any
format or medium now known or later developed.
8. INDEMNITY
You agree to indemnify, defend, and hold FindBuyers.com and its subsidiaries, affiliates,
officers, employees, agents, co-branders and other partners, harmless from any claim
or demand, including reasonable attorneys’ fees, made by any third party due to
or arising out of your use of the Website, any transaction resulting from use of
the Website, your connection to the Website, your violation of these Terms, your
submission, posting, or transmission of User Materials to the Website, and/or your
violation of any rights of another.
9. MODIFICATIONS TO SERVICE
FindBuyers.com reserves the right at any time to modify or discontinue, temporarily
or permanently, the Website (or any part thereof), including the Restricted Areas,
with or without notice. You agree that FindBuyers.com shall not be liable to you
or any third party for any modification, suspension or discontinuance of the Website.
10. TERMINATION
You agree that FindBuyers.com may, in its sole and absolute discretion and without
notice or liability to you or any third party, immediately terminate your access
to the Restricted Areas. Grounds for such termination shall include, but not be
limited to,
(a) breaches or violations of the TOS or other agreements or guidelines,
(b) requests by law enforcement or government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification of the Website (or any part thereof),
(e) unexpected technical or security issues or problems, and
(f) extended periods of inactivity.
Termination of your account(s) may include
(a) removal of access to all offerings within the Website’s Restricted Areas,
(b) at FindBuyers.com’s sole discretion, the deletion of all of your Website account
information, User Materials, and other content associated with your Website account
(or any part thereof), and
(c) barring further use of the Website’s Restricted Areas.
11. DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers, buyers, sellers, or agents found on or through the Website, including
payment for and delivery of related goods, services, or real property, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such third party. You agree that FindBuyers.com shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such advertisers
or third parties on the Website.
12. LINKS
The Website may provide links to other World Wide Web sites or resources. Because
FindBuyers.com has no control over such sites and resources, you acknowledge and
agree that FindBuyers.com is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that FindBuyers.com shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
13.OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Website are
owned by FindBuyers.com or its licensors. You acknowledge and agree that the Website
contains proprietary and confidential information that is protected by applicable
intellectual property and other laws. Except as expressly authorized by FindBuyers.com,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Website, in whole or in part.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. FINDBUYERS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
FINDBUYERS.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY
OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER
MATERIALS.
b. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DOWNLOADED
AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OR USE OF ANY SUCH CONTENT.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINDBUYERS.COM
OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
15. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT FINDBUYERS.COM SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF FINDBUYERS.COM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE WEBSITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(1v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE WEBSITE. 16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. NOT AN AGENT
FindBuyers.com is not a broker or agent, and does not broker or otherwise participate
in real estate transactions. FindBuyers.com does not act as a real estate agent
for any user of the Website.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
19. NOTICE
FindBuyers.com may provide you with notices, including those regarding changes to
the TOS, by either email, regular mail, or postings on the Website; provided, however,
that this Section places no requirements on FindBuyers.com not already expressly
set forth herein.
20. TRADEMARK INFORMATION
FindBuyers.com owns the Find Buyers™ and the Find Buyers™ Owl design, trademark
and service marks ("FindBuyers.com Marks"). You agree that you will not display
the FindBuyers.com Marks, or use the FindBuyers.com Marks in any manner, without
the prior written permission of FindBuyers.com.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
FindBuyers.com may, in appropriate circumstances and at its discretion, disable
and/or terminate the accounts of users who infringe the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please provide FindBuyers.com’s Copyright Agent a Notice containing the
following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. a description of where the material that you claim is infringing is located on
the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner’s behalf.
FindBuyers.com’s Copyright Agent for Notice of claims of copyright or other intellectual
property infringement can be reached in the following ways:
Eldad Moraru, 6127 Utah Ave NW, Washington DC, 20015, eldad@findbuyers.com, phone: 202-412-6464, fax: 202-237-8249
22.CHOICE OF LAW
The TOS and the relationship between you and FindBuyers.com shall be governed by
the laws of the State of Maryland without regard to its conflict of law provisions.
23. ARBITRATION
Any controversy or claim arising out of or relating to this Agreement, with the
exception of those controversies or claims specifically excluded below, shall be
settled by binding arbitration in accordance with the American Arbitration Association
(“AAA”) Commercial Arbitration Rules (“AAA Rules”), and, where appropriate, the
AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”).
The determination of whether a dispute is subject to arbitration shall be governed
by the Federal Arbitration Act and determined by a court rather than an arbitrator.
Your arbitration fees and your share of arbitrator compensation shall be governed
by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.
You and FindBuyers.com agree that any arbitration shall be limited to the dispute
between FindBuyers.com and you individually. To the full extent permitted by law,
(1)no arbitration shall be joined with any other;
(2) there is no right or authority for any dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and
(3) there is not right or authority for any dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
You and FindBuyers.com agree that the following disputes are not subject to this
binding arbitration provision:
(1) any disputes seeking to enforce or protect, or concerning the validity of, any
of your or FindBuyers.com’s intellectual property rights;
(2)any dispute related, or arising from, allegations of invasion of privacy or unauthorized
use; and
(3) any claim for injunctive relief.
For any dispute not subject to arbitration, or where no election to arbitrate has
been made, you agree to submit to the personal and exclusive jurisdiction of the
federal and state courts located in Rockville, Maryland. You further agree to accept
service of process by mail, and hereby waive any and all jurisdictional and venue
defenses otherwise available. FindBuyers.com controls the Website from its offices
within the United States of America, and the Website is intended for use only in
the United States of America. FindBuyers.com does not represent that the materials
on this Website are appropriate or made available for use outside of the United
States of America. 24.GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
FindBuyers.com with respect to the Website and supersedes any prior agreements,
oral or written, between you and FindBuyers.com.
Waiver and Severability of Terms. TThe failure of FindBuyers.com to exercise
or enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to the use
of the Website or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Section Titles. The section titles in the TOS are for convenience only and
have no legal or contractual effect.
25. VIOLATIONS
You agree that you will report any violations of the TOS to info@findbuyers.com